1 May 2009 · Planning Committee
Bluebell Cottage, Patrick Road, St. Johns, Isle Of Man, IM4 3bn
The proposal sought retrospective approval for a window on the north elevation of a detached garage, repositioning windows to accommodate an approved greenhouse, and a 150mm increase in wall height due to a building error, resulting in a ridge height of 5.65m.
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The officer noted the site's long planning history and prior approvals for a modest garage up to 4.3m ridge height under PA 08/00880/B and PA 07/00400/B, which were accepted despite Open Space zoning …
Policy OS/P/1 St John's Local Plan
Policy states: 'Other than those areas specifically designated for development or zoned predominately residential on the proposals map, no areas of open space shall be developed.' The site is zoned Open Space but used as garden; prior modest garage approvals accepted this, but as-built height/design creates unacceptable harm to open character, failing the policy test despite screening.
No objection (from prior related application)
No objection subject to condition (8m corridor from watercourse)
No objection subject to condition
Patrick Parish Commissioners strongly objected to the retrospective planning application for alterations and window installation to a detached garage, citing increased visual impact, inappropriate appearance resembling a dwelling, and concerns over future use in designated open space.
Key concern: increase in visual impact of the structure resembling a dwelling in designated open space
Patrick Parish Commissioners
Objection"OPPOSE the proposal"; "increase in the visual impact of the structure"; "will have all the appearance of a small detached house"; "visual impact of the structure is unacceptable in an area zoned as open space and one of high landscape value and significance"; "cavity walls, loft and wall insulation and double-glazing are not normal features of a garage"
Conditions requested: roof line will nevertheless be lowered so as to comply with the approved plans; build to originally approved plans by amending the roof height and pitch and removing the unauthorised windows
Patrick Parish Commissioners
Objectionmaintain their opposition to the proposal on the grounds stated in their letter of January 13th 2009; "increase the visual impact of the structure" for which there was "not sufficient justification"
Conditions requested: build to originally approved plans by amending the roof height and pitch and removing the unauthorised windows
The original application 09/02245/R sought retrospective approval for alterations to a detached garage built under prior permission PA 08/00880/B, specifically a 150mm height increase and window repositioning to the north elevation to accommodate a lean-to greenhouse. It was refused by the Planning Committee on 30 April 2009 due to exceeding the approved 4.3m height and visual impact from Patrick Road. Appellant argues the garage was built to approved dimensions (internal height 4.867m plus roof elements equating to ~4.8m), the height discrepancy arose from misinterpretation of plans, and visual impact is negligible compared to neighbouring structures. Enclosures include prior approved plans, photos, and a 2007 inspector report (AP07/0118) questioning 'open space' classification. That prior appeal by Patrick Commissioners against granting garage permission was dismissed on 26 September 2007, with the inspector upholding permission as no harm to character or amenity. Current appeal outcome not documented.
Precedent Value
Demonstrates that established domestic garden use can override outdated 'open space' zoning; minor height variations (150mm) may succeed if tied to approved internal dimensions and roof construction; always seek plan clarification pre-build and halt work on enforcement concerns.
